Roosevelt City Zoning Code

1. Hazards and obstructions have the potential for endangering the lives and property of users of Roosevelt Municipal Airport and the property of occupants of land in its vicinity. Hazards and obstructions may affect existing or future instrument approach minima at Roosevelt Municipal Airport and may reduce the size of area available for landing, take-off and maneuvering of aircraft. Hazards and obstructions would tend to destroy or impair the utility of Roosevelt Municipal Airport and the public’s investment, and are potential public nuisances.
2. In the interest of the public health, safety, and general welfare, the creation or establishment of obstructions that are a hazard to air navigation should be prevented. The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
3. It is the purpose of this chapter to prevent the creation or establishment of hazards to air navigation; to eliminate, remove, alter or mitigate hazards to air navigation; and to provide for the marking and lighting of obstructions, for which the county may raise and expend public funds and acquire land or interests in land.
4. Pursuant to §72-10-403 of Utah State Code (as amended) it shall be the responsibility of Roosevelt City to: notify a person building on or developing land within an airport influence area, in writing, of aircraft overflights and associated noise; as a condition to granting a building permit, subdivision plat, or a requested zoning change within an airport influence area, require the person building or developing land to grant or sell to the airport owner, at appraised fair market value, an avigation easement; and require a person building or developing land within an airport influence area conform to the requirements of §72-10-4 of Utah State Code (as amended); this chapter; and 14. C.F.R. Part 77.

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The provisions of this chapter shall apply to all lands, buildings, structures, natural features or uses located within those areas of the incorporated boundaries of City that are defined by the AO zone and designated on Part 77 Surfaces Map of the Roosevelt Municipal Airport Layout Plan (ALP) which identifies areas of height limitations and the Airport Safety Compatibility Zones (ASCZ) map; or within those areas of the incorporated boundaries of the City which are within the airspace overall boundary as depicted on the Roosevelt Land Use Compatibility Overlay Zone Map. 

FIGURE 1: Roosevelt Land Use Compatibility Overlay Zone Map

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

The following definitions shall apply to regulation and consideration of airport overlay zones, as regulated by this title:

1. “Airport” means any publicly used area of land or water that is used, or is intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. Airport also means the Roosevelt Municipal Airport.
2. “Airport elevation” means the highest point of the airport’s useable landing area measured in feet above sea level. The Roosevelt Municipal Airport is five thousand one hundred seventy-six feet (5,176') above mean sea level.
3. “Airport hazard” means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport.
4. “Airport influence area” means land located within five thousand feet (5,000’) of an airport runway.
5. “Airport overlay zone” means a secondary zoning district designated to protect the public health, safety, and welfare near an airport that: applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area; may extend beyond the airport influence area; ensures airport utility as a public asset; protects property owner land values near an airport through compatible land use regulations by the Federal Aviation Administration (FAA); and protects aircraft occupant safety through protection of navigable airspace.
6. “Approach surface” means an imaginary surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section R17.25.050. The perimeter of the approach surface coincides with the perimeter of the approach zone in plan view.
7. “Approach, transitional, horizontal, and conical zones.” These zones are defined in Section R17.25.040.
8. “Avigation easement” means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right: to create or increase noise or other effects that may result from the lawful operation of aircraft; and to prohibit or remove any obstruction to such overflight.
9. “Conical surface” means an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (20:1) for a horizontal distance of four thousand feet (4,000').
10. “FAA Form 7460-1, Notice of Proposed Construction or Alteration” means the current edition of Form FAA 7460-1 published by the Federal Aviation Administration (FAA) at https://faa.gov/forms, which is a form the FAA requires to be completed by anyone who is proposing to construct or alter an object that could affect airspace and which allows the FAA to conduct an Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) to determine whether the object will adversely affect airspace or navigational aids.
11. “FAR Part 77 surfaces” means imaginary airspace surfaces, per Part 77 of 49 CFR of the Federal Aviation Regulations, established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical.
12. “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
13. “Horizontal surface” means a horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which coincides with the inner perimeter of the conical surface.
14. “Land use regulation” means the same as that term is defined in §10-9a-103 of Utah State Code (as amended).
15. “Mobile objects” means vehicles, trains extending fifteen feet (15’) or more above a roadway surface, seventeen feet (17’) or more above a roadway surface, or twenty-three feet (23’) above a railroad surface.
16. “Obstruction” means any permanent or temporary structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section R17.25.050.
17. “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, including a trustee, receiver, assignee, or similar representative of any of them.
18. “Primary surface” means a surface longitudinally centered on a runway. The primary surface has a width and distance beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface at Roosevelt Municipal Airport is five hundred feet (500') wide and extends two hundred feet (200') beyond runway end for the current six thousand five hundred one foot (6,501') Runway 7-25.
19. “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length; known as Runway 7-25 at the Roosevelt Municipal Airport.
20. “Structure” means any object (including a mobile object) constructed or installed by persons, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
21. “Transitional surfaces” means those imaginary surfaces extending outward at ninety (90) degree angles to the runway centerline at a slope of seven feet horizontally for each foot vertically, from the sides of the primary and approach surfaces to where they intersect with the horizontal and conical surfaces.
22. “Tree” means any object of natural growth.
23. “Utility runway” and “non-utility runway” mean runways that are constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds (12,500 lbs) maximum gross weight or less, or more, respectively.
24. “Visual runway” and “instrument (non-precision) runway” mean runways intended solely for the operation of aircraft using visual or instrument approach procedures, respectively.

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

In order to carry out the provisions of this Chapter, zones are established which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Roosevelt Municipal Airport. The zones are shown on Part 77 Surfaces Map of the Roosevelt Municipal Layout Plan (ALP). A lot or parcel located in more than one (1) zone is considered to be only in the zone with the more restrictive height limitation. The various zones are defined as follows:

1. Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide for Runway 7-25. The approach zone expands uniformly to the width three thousand five hundred feet (3,500') at a horizontal distance of ten thousand feet (10,000') from the primary surface end. Its centerline is the continuation of the centerline of the runway.
2. Transitional Zone. Transitional zones are the areas beneath the transitional surfaces.
3. Horizontal Zone. Horizontal zones are established by swinging arcs of ten thousand feet (10,000') radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. Horizontal zones do not include approach and transitional zones.
4. Conical Zone. Conical zones are established as the area commencing at the periphery of the horizontal zones and extending outward and upward twenty (20) to one (20:1) therefrom for a horizontal distance of four thousand feet (4,000').

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

No structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone, as defined in this Chapter, to a height in excess of the applicable height limit established for that zone. The applicable height limitations for each of the zones are established as follows:

1. Approach Zone. Slopes thirty-four feet (34') outward for each foot upward (34:1) beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet (10,000') along the extended runway centerline.
2. Transitional Zones. Slopes seven feet outward for each foot upward (7:1) beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty feet (150') above the airport elevation.
3. Horizontal Zone. One hundred fifty feet (150') above the airport elevation or at a height of five thousand three hundred twenty-six feet (5,326') above mean sea level.
4. Conical Zone. Slopes twenty feet (20') outward for each foot upward (20:1) for four thousand feet (4,000') beginning at the periphery of the horizontal zone to a height of five thousand five hundred twenty-six feet (5,526') above mean sea level.

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

Pursuant to §72-10-413 of Utah State Code (as amended), the City may acquire by purchase, grant, or condemnation in the manner provided by law under which the City is authorized to acquire real property for public purposes, an air right, an avigation easement, or other estate or interest in a property or nonconforming structure or use if:

1. It is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
2. The approach protection necessary cannot, because of constitutional limitations, be provided by airport land use regulations under this Chapter; or
3. It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.

HISTORY:

Ord. 2024-441, 12/3/2024

No use may be made of land or water within any zone so as to:

1. Create electrical interference with the navigational signals or radio communications between the airport and aircraft;
2. Make it difficult for pilots to distinguish between airport lights and others; no new or expanded industrial, commercial, recreational or residential use shall project lighting directly onto an existing runway, taxiway, or approach/departure surface except where necessary for safe air travel;
3. Result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport;
4. Create bird strike hazards; or
5. Otherwise endanger or interfere with the landing, take-off, or maneuvering of aircraft intending to use the airport.
6. Approval of cellular and other communications or transmission towers located within any zone described within Section R17.25.040 shall be conditioned to require their removal within ninety (90) days of discontinuance of use.

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. Effect Not Retroactive. The provisions of this chapter shall not be construed to adversely affect any existing structure or use as of its effective date, nor require any change in the construction, alteration or intended use of any prior structure, the construction or alteration of which was begun prior to its effective date, so long as it is diligently prosecuted.
2. Marking and Lighting. The owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance of markers and lights deemed necessary by the operating authority of the airport to indicate to the operators of aircraft the presence of obstructions. The markers and lights shall be installed, operated, and maintained at the expense of the operating authority of the airport.

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

1. Future Uses. Except as specifically provided in this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone defined in this Chapter unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to determine whether the resulting use, structure, or tree would conform to the provisions of this chapter. No permit for a use inconsistent with the provisions of this Chapter shall be granted unless a variance has been approved in accordance with this section.
2. The City shall provide Class B notice to any person building on or developing land which is located within the airport influence area, of aircraft overflights and associated noise.
3. All permit applications within the AO zone shall, in addition to being reviewed through the standard development review process shall be subject to the following requirements:
4. All developments, permits or plats with proposed buildings and/or structures found to be within twenty feet (20’) of any of the height limitations described in Section R17.25.050 and/or all buildings and structures over two hundred feet (200’) in height shall submit an FAA Form 7460-1 to the FAA for Obstruction Evaluation / Airport Airspace Analysis (OE/AAA). If a determination of no hazard to air navigation is issued, a copy of the FAA’s official findings shall be submitted to the City along with the proposed site plan, building elevations, and other materials as may be required by the City for the specific land use application being submitted before the City may approve such land use application.
5. All developments, permits or plats falling within the ASCZs described in Section R17.25.080 associated with special use permits, variances or existing nonconforming uses shall also submit an FAA Form 7460-1 to the FAA for Obstruction Evaluation / Airport Airspace Analysis (OE/AAA). If a determination of no hazard to air navigation is issued, a copy of the FAA’s official findings shall be submitted to the City along with the proposed submit a site plan, building elevations, and other materials as may be required by the City for the specific land use application being submitted before the City may approve such land use application.
6. In the area lying within the limits of a horizontal zone and conical zone, no approval from the FAA shall be required for any tree or structure less than seventy-five feet (75’) of vertical height above the ground except when, because of terrain, land contour, or topographic features, the tree or structure would extend above the height limits prescribed for such zones.
7. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any height limits established by this chapter.
8. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Chapter.
9. Nonconforming Uses Abandoned Or Destroyed. Whenever the City determines that a nonconforming tree or structure has been abandoned, or more than eighty percent (80%) torn down, physically deteriorated, or decayed, no permit or approval shall be issued by the City which would allow such a structure or tree to extend above the applicable height limit or otherwise deviate from the zoning regulations.
10. Variances.
11. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the provisions of this chapter, may apply to the City for a variance. The application for variance shall be accompanied by a determination of no hazard to air navigation from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
12. A variance shall be allowed where it is duly found that a literal application or enforcement of this chapter will result in an unnecessary hardship and relief granted will not be contrary to the public interest; will not create a hazard to air navigation; will do substantial justice; and will be in accordance with the spirit of this chapter.
13. No application for variance may be considered by the City unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen (15) days after receipt, the City may act on its own to grant or deny the application.
14. Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter, be conditioned to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, necessary markings and lights. If deemed proper by the City, this condition may be modified to require the owner to permit the airport owner at its own expense to install, operate and maintain the necessary markings and lights.
15. Conditional Use Permit. Any use, permitted or conditional, allowed under any zone district of the City, which will be located in an AO zone, shall be treated and processed as a conditional use and shall be subject to all provisions and procedures required for conditional uses as outlined within this Title.

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024

To all extents possible, property owners and potential property buyers should be made aware of the following disclosure. The disclosure statement shall be listed on all approved subdivision plats, short plats, binding site plans and deeds within any of the identified zones in Section R17.25.040 or R17.25.080.

“Properties near the Roosevelt Airport may be subject to varying noise levels and vibration. Properties near the airport may be located within height and use restriction zones as described and illustrated by Federal standards and regulations and the City of Roosevelt. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Generally, it is not practical to redirect or severely limit airport usage and/or planned airport expansion. Developments near the airport should assume that at any given time there will be some impact from air traffic."

HISTORY:

(Ord. 2019-428 (part), Ords. 79-101 §§ 16, 17 and 18, 82-141 § 3, 83-166, 84-177, 84-180, 86-204 § 2(A), 94-259, 98-283, 2002-304, 2002-306, 2008-344 and 2009-360)

Ord. 2024-441, 12/3/2024